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Case Reports

Welcome to the March/April issue of Case Reports. Please click here to view the issue.

The Illinois Supreme Court recently clarified the law in two decisions on which we report in this issue. In Thornton v. Garcini, 2010 Ill. LEXIS 663 (Docket No. 107028, filed April 22, 2010), the Illinois Supreme Court held that a mother could recover on her claim that her obstetrician's delay in delivery caused negligent infliction of emotional distress without presenting expert testimony. In denying the defendant's petition for rehearing, the court corrected a portion of its earlier decision and held, in accordance with the prevailing practice, that it was not necessary for a nonsettling party asserting the right to a setoff to file a counter-claim against the plaintiff. In a second decision, Interstate Scaffolding, Inc. v. Illinois Workers' Compensation Comm'n, 236 Ill. 2d 132, 923 N.E.2d 266 (2010), the Illinois Supreme Court reversed the appellate court's decision and held that an employer was required to pay temporary total disability benefits even though the employee was later discharged for misconduct unrelated to injury.